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  1. REPOSSESSION GUIDE Documents Source: https://www.gov.uk/repossession PART 1 - GET ADVICE You may be able to postpone or stop your home being repossessed. Civil Legal Advice offers free, confidential and independent legal advice. It can also help you find a solicitor. Civil Legal Advice 0845 345 4345 Monday toFriday, 9am to 8pm Saturday,9am to 12:30pm You can also get free advice from: StepChange Citizens Advice National Debtline Payplan Shelter Your Local Council The Law for Repossession in Scotland is different. PART 2 - BEFORE IT GOES TO COURT What your mortgage lender must do Before a mortgage lender can repossess your home, they must: Ø tell you how much you owe Ø consider a request from you to change the way you pay your mortgage Ø respond to any offer of payment you make Ø give you reasons for turning down you roffer of payment within 10 days Ø give you a reasonable amount of time to consider any proposal they make Ø give you 15 days’ written warning if they plan to start court action Ø tell you the date and time of a repossession hearing Ø let your council know within 5 days of getting notification of the date of the court hearing, in case you need to apply to the council as homeless Finding a solution Even if your mortgage lender starts a court action, you may still be able to reach agreement with them. You’ll still need to attend court to tell the judge about the agreement, unless the court tells you the hearing’s been cancelled or postponed. PART 3 - DEFENCE FORM If your lender starts a repossession action against you, the court will send you a blank defence form and guidance on how to fill it in. You can use the form to explain why you think the lender shouldn’t repossess your home.You need to return it within 14 days. The court will also send you: Ø copies of the claim forms for possessing your home, filled in by your lender Ø a court hearing date Ø the court’s contact details Part 4 - HELP WITH LEGAL COSTS Legal aid If you’re on a low income you may be able to get legal aid. Free legal advice on the day If you haven’t got help before, you can get last-minute legal help under the Housing Possession Court Duty scheme. The scheme runs in county courts in England and Wales. It provides you with a specialist adviser on the day of your hearing who can: Ø represent you Ø help you come to an arrangement with your mortgage lender to pay off your debts To find out about the scheme in your area, contact your local council or the court where your case is being heard. Part 5 - THE HEARING Repossession hearings normally take place in a judge’s chambers, not in a court room (although it’s treated as a court). You can bring an adviser or friend to the hearing, although they must be an adult. If you don’t attend the court hearing, it’s likely the judge will give your mortgage lender the right to evict you. You must keep to any agreement you make in court to pay off arrears. If you don’t, you may still risk losing your home. What to bring with you You’ll likely be asked for proof of your finances. This can include: Ø payslips Ø bank statements Ø job offers Ø letters about benefits Ø estate agent letter (eg if you’re trying to sell your home to pay off the mortgage) Part 6 - REPOSSESSION ORDERS The lender can only repossess your home if the court grants permission. The judge could decide to: Ø adjourn (delay) the hearing Ø set aside the case, which means no order will be made and the hearing is finished Ø make a repossession order Outright possession order This gives the lender a legal right to own your home on the date given in the order and is sometimes called an ‘order for possession’. This is usually 28 days after your court hearing. If you don’t leave your home by the date given in the order, your lender can ask the court to evict you. Suspended possession order This means that if you make regular payments as set out in the order, you can stay in your home. If you don’t make the payments, your lender can ask the court to evict you. Money order This means that you have to pay the lender the amount set out in the order. If you don’t make these payments, court action could be taken like: Ø deducting money from your wages or bank account Ø sending bailiffs to take away things you own Your lender can’t use a money order to evict you from your home. If you don’t make payments set out in a money order on time, your lender could go to court again. As a result, the judge could decide to give them a possession order. Possession order with money judgment A money judgment is usually added to a possession order. It means you owe a specific amount of money usually made up of: Ø your mortgage arrears Ø court fees Ø your lender’s legal costs A money judgment won’t apply if: Ø you pay your mortgage arrears and any amount set out in a suspended order Ø your lender sells your home and the sale price is more than the amount set out in the money judgment If you don’t pay the amount set out in the money judgment, the lender may ask the court to carry out the instructions in the possession order and the judgment. Time order This means that the judge changes the amount you pay on your mortgage for a set time by: Ø changing the regular amount you pay Ø changing the interest rate on your mortgage Ø delaying the next time you have to make a payment If you don’t make the payments, your lender can ask the court to evict you. A time order is usually only made on some types of loan like a second mortgage. Part 7 - DELAYING EVICTION You can ask a judge to ‘suspend the warrant for possession’. This means delaying the eviction or allowing you to stay in your home if you are able to make payments again. A new hearing will be held but the judge won’t automatically agree to suspend the possession warrant – it depends what happens in court. If you want to get a warrant suspended, get advice immediately. Applying for a suspension If you want to apply for a suspension, you should fill out an application form and either send it or deliver it to the court. Download ‘Applicationnotice’ (PDF, 380KB) You must tell the court that you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee. If you’re on benefits or low pay, you may not have to pay the fee (otherwise known as‘fee remission’). Part 8 - APPEALING A JUDGES DECISION If you think a judge made mistakes about the law or the facts of your case in the original hearing, you may be able to appeal. Get legal advice if you want to appeal. Normally the appeal will be heard by a more senior judge. Permission to appeal You can ask the judge at the end of your original possession hearing if you can appeal. If the judge refuses to give permission to appeal, you can appeal to a more senior judge. If you get permission, make an application as soon as possible after your original possession hearing. You’ll have to pay a court fee. If you are on benefits or low pay, you may not have to pay the fee. What could happen At the appeal, the judge can make a number of decisions including: Ø keeping the original decision Ø dismissing the previous decision or changing it Ø ordering a new hearing The judge can also decide who pays the legal costs of the appeal. Part 9 - IF YOUR HOME IS REPOSSESSED Help from your council Your local council must give you advice to help you find a new home. Depending on your circumstances, they may also be able to provide you with emergency accommodation or a more permanent home. Buying another property You must tell any new mortgage lender that your previous home was repossessed. This could make getting a new mortgage hard. If you still owe money to your previous lender, they may be able to claim some of the proceeds of your new home when you sell it.
  2. [ATTACH=CONFIG]59556[/ATTACH] April 2014 This guide is for you if you’re relying on an endowment policy to repay your mortgage and you’ve received a shortfall letter.
  3. There has been a new guide issued in relation to Housing benefits and the recovery of any and all overpayments it was issued on the 27/02/2015 and this can now be found here https://www.gov.uk/government/publications/housing-benefit-overpayments-guide This guide covers all aspects of Housing Benefit overpayments, including: what is an overpayment classification and recovery of overpayments calculating overpayments recovering overpayments decision notices appeals courts and civil proceedings the legal requirements This guidance is not intended to be an authoritative statement of the law. The law is set out in the: Social Security Contributions and Benefits Act 1992 Social Security Administration Act 1992, as amended regulations and orders made under those acts
  4. Guide Dogs have launched a national appeal about Tess, who disappeared last month. Here's a link to their website; please spread the word if you can. http://www.guidedogs.org.uk/news/2014/august/please-help-us-find-tess-the-missing-guide-dog/#.U-SD6aPQqSo HB
  5. Hi has anyone got a link to the guide expenses plz:???:
  6. Hi i have 2 items with brighthouse that cost 18.40 a week (including osc which after reading this forum i understand i didnt have to take out despite them insisting on it) the account should have been paid on saturday just gone but due to unforeseen circumstances i am unable to make a payment until next tuesday which will make it 2 weeks in arrears the following saturday. I have had a shop manager on my doorstep today telling me that if i dont pay by 12pm tomorrow (thursday 17th jan) that they will be taking my goods. in my contract it states in the repossession part if you do not keep your side of the agreement but you have paid at least one third of the total amount payable under this agreement, that is 438.88 we may not take back the goods against your wished unless we get a court order i have paid this amount and more. when i said this to the manager he told me that because it was worded "may not" instead of "can not" then he could take the goods with out a court order. am i right in thinking this is a load of tosh? i have told him the date i can pay it but hes being very arrogant about it and id like to know my rights in this as it all seems a bit wrong. Ive not received any letters or a default notice in writing only him phoning me but i missed his call and him on my doorstep. when he undoubtedly turns up to try and collect the goods do i have to let him into the property? thanks in advance
  7. Advisors guide [ATTACH=CONFIG]49002[/ATTACH] Website for guide and further information http://www.revenuebenefits.org.uk/tax-credits/guidance/how-to-deal-with-hmrc/challenging-overpayments/
  8. This is the link from the evening times on Guide will help victims of Payday loan firms: http://www.eveningtimes.co.uk/news/guide-will-help-victims-of-payday-loan-firms-130697n.21624504 Guide will help victims of payday loan firms A SURVIVAL guide for people who have fallen victim to payday loan companies has been produced by a firm of Glasgow lawyers. Govan Law Centre has today published its free Payday Loan Survival Guide for consumers across the UK. According to the firm, the guide explains how consumers can take back control of their finances, challenge unfair interest and charges, stop payday lenders emptying their bank accounts, and pay back debts on a reasonable basis. As reported in the Evening Times, Glasgow City Council and NHS Greater Glasgow and Clyde have both taken a stance to clamp down on the scourge of payday loan firms by banning staff from accessing their websites at work. Govan Law Centre says 90% of the payday lending market fails to comply with consumer protection laws "to the severe detriment of vulnerable consumers" and the law centre believes there is an urgent need to help people fight back against payday lenders. The guide was written by the firm's principal solicitor, Mike Dailly. He said: "Govan Law Centre has successfully challenged interest and charges applied by payday lenders. "And given the industry's mass non-compliance with consumer protection laws and the growing detriment caused to customers, it's time for UK consumers to fight back. "Our Payday Loan Survival Guide empowers people to take back control of their money, challenge unfair interest and charges, stop payday lenders emptying their bank accounts, and repay debts lawfully due on an affordable basis. "There are important legal rights on the side of UK consumers in relation to payday loans, and it's important that people know about them and use them." The payday lending market was recently referred to the Competition Commission, and in 2011/12 there were 8.2mill-ion new payday loans made in the UK alone. Last month, the footballers' union in Scotland was urged to sever its ties with a payday loan firm after Cheque Centre sponsored a Professional Football Association Scotland event. And Glasgow Credit Union backed a campaign to ban payday lenders from advertising on college and university campuses. The Payday Loan Survival Guide is designed for all consumers across the UK in difficulty with payday loans, and can be downloaded at www.govanlc.com/PaydayLoanSurvivalGuide.pdf Here is the Guide its in PDF:
  9. Hi Guys Need some help and guidance please. Won't bore you with all the details, but my husband is in a real mess with debt and I've only just go him to sit down and tell me what's going on! He has been self employed for over a year and work has dried up! It got to the stage where the savings had dried up and my wages can only cover so much! He's now managed to get a job full time but its only a temporary contract, but it's a start. in the meantime, his debt has got out of control, he's buried his head in the sand and his all the post unopened, I feel sick to my very stomach at how much he owes! How and where do we start, its getting to the doorstep visits and I'm scared. Two letters came today, he owes a debt to T-Mobile and moorcroft are handling it, they've said they need full payment, d o we have any options as the debt has gone past 56 days! The other is a missed payment on his van, can I negotiate anything with them? Please please can someone please advise? Thanks x
  10. CCTV GUIDE INFORMATION COMMISSIONER OFFICE (ICO) This is the Link: http://www.ico.org.uk/for_the_public/topic_specific_guides/cctv
  11. CRIMINAL RECORDS, COURT RECORDS AND POLICE RECORDS REQUEST GUIDE INFORMATION COMMISSIONER OFFICE (ICO) This is the Link: http://www.ico.org.uk/for_the_public/topic_specific_guides/crime
  12. CRIMINAL RECORDS, COURT RECORDS AND POLICE RECORDS REQUEST GUIDE INFORMATION COMMISSIONER OFFICE (ICO) This is the link: http://www.ico.org.uk/for_the_public/topic_specific_guides/crime
  13. WAR PENSIONS AND ARMED FORCES COMPENSATION TRIBUNAL GUIDE 1. Appeals You can appeal to the War Pensions and Armed Forces Compensation Tribunal if your claim for a war pension or compensation was rejected. The tribunal is independent of the Veterans Agency and the Ministry of Defence. There are different tribunals for Scotland and Northern Ireland. Decisions the tribunal can make The tribunal can make decisions about: Ø your entitlement to a pension or compensation Ø the amount of pension you get Ø entitlement to extra allowances, eg for mobility needs Ø pension start dates Ø pension rates Ø withheld pensions The tribunal deals with appeals for the 2 pension schemes currently running: Ø the War Pensions Scheme - for injuries caused by service before 6 April 2005 Ø Armed Forces Compensation Scheme - for injuries caused by service from 6 April 2005 onwards How to appeal You must appeal within 12 months of getting your pension decision letter. 1. Write a letter to the Veterans UK and ask them to reconsider their decision. Explain why you think the decision is wrong and give any information not included in your original claim. 2. The Veteran UK will look at your case again and write to you with their decision. 3. Contact the Veterans UK helpline to ask for an appeal form if you’re still unhappy with the decision. Fill in the form and send it back to them. 4. The Veterans UK will tell the tribunal that you’ve made an appeal and the tribunal will look at your case. 5. You’ll attend a tribunal hearing and the tribunal will decide your case. Send the appeal form to the following address, or contact the Veterans UK if you need help. Veterans UK Norcross Thornton Cleveleys Lancashire FY5 3WP Veterans UK Helpline 0808 191 4218 Late appeals In some cases you’ll be allowed to appeal after 12 months but you must explain why your appeal is late. You can’t appeal against any decision after 24 months. 2. After you Appeal The tribunal will look at your case and ask for any further information if they need it. The Veterans UK will send a response to your appeal to the tribunal. You’ll get a copy of their response. You can reply to it with a ‘written submission’, but you don’t have to. You can also send any further evidence to support your case to the tribunal. Where you send your written submission and further evidence depends on where you live. Prepare for the hearing You can go to the hearing on your own or ask someone to help represent you. You can also call a witness to support your case. Organisations that can help represent you include: Ø Royal British Legion Ø Royal Air Forces Association Ø Combat Stress Ø British Limbless Ex-ServiceMen’s Association Ø National Gulf Veterans& Families Association When you go to the tribunal hearing, take your appeal papers and the documents you’re using as evidence with you. You should give copies of any evidence to the tribunal before the tribunal hearing. Tribunal panel The tribunal is made up of: Ø a judge Ø a medical member Ø a service member What happens at the hearing The judge, tribunal members, Service Personnel and Veterans Agency and your representative (if you have one) will ask you questions about your case. The tribunal will then question any witnesses you’ve brought to the hearing. Usually, the tribunal will tell you its decision on the day of the hearing. Expenses You might be able to claim expenses or compensation for: Ø travel (only in the UK) Ø living expenses for the time you’re away from home Ø loss of earnings 4. If you lose your appeal You can ask the tribunal for permission to appeal to a higher tribunal, called the Upper Tribunal, if you lose your appeal. You must ask for permission to appeal within 6 weeks of getting the decision. The Upper Tribunal will look at the case to see if the original decision was correct. Reasons for appealing You can only appeal if you think the decision was wrong for a legal reason, including if the tribunal didn’t: Ø follow the right procedures - eg it didn’t tell you in time about the hearing Ø give proper reasons for its decision, or back up the decision with facts Ø apply the law properly Before appealing, ask the original tribunal for the written statement of reasons for its decision. READ MORE HERE: /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png War Pensions and Armed Forces Compensation Tribunal: How to appeal - GOV.UK WWW.GOV.UK War Pensions and Armed Forces Compensation Tribunal - appeal a war pension decision, deadline, how to appeal, hearing.
  14. PARK (MOBILE) HOMES GUIDE Documents Source: https://www.gov.uk/park-mobile-homes PART 1 - YOUR RIGHTS AND OBLIGATIONS Your rights and obligations Your rights and obligations are listed in a written agreement with the park (or site) owner. This sets out: Ø your minimum legal rights and obligations, like your right to keep your park home on its pitch Ø the rules, charges and services You have 28 days to review it before signing. Even if you don’t have a written agreement, you still have all the rights set out in the Mobile Homes Act of 1983. Keeping your home in good condition You must: Ø repair your home when necessary Ø keep the outside of your home and pitch clean and tidy, including any fences or out buildings that you own or use on your pitch Site licence Privately owned sites must have a licence from the local council. The park owner must clearly display the licence. It will usually have conditions for: Ø how many homes can be in the park Ø services and amenities Ø health and safety To complain about conditions in your park, talk to the park owner first. If the issue isn’t sorted out, contact your local council. You could be forced to leave if you live on a site without planning permission for residential use. PART 2 - RENTING A PARK HOME Rented homes, including park homes, come under the Landlord and Tenant Act 1988 If your landlord collects rent from you, this means you have a rental contract even if it isn’t in writing. You don’t have a written contract If you don’t have anything in writing you should be able to stay for a year from the date you moved in. You have a written contract If you have a written contract it should say how long you can live in your home. During this time your landlord can still ask you to leave if: Ø your contract says they can ask you to leave with 4 weeks’ notice Ø you break the rules (‘terms’) of your contract and it says the owner can ask you to leave as a result When your contract ends Your landlord can ask you to leave as long as they give you 4 weeks’ notice. If you don’t leave the owner can ask the court for an ‘eviction order’ which forces you to leave. Your landlord asks you to leave If your landlord tries to evict you (force you to leave), you will have more rights to stay if you live on a ‘protected site’. A protected site is a mobile home park which has planning permission to have residents living there throughout the year. A holiday park isn’t a protected site. Your right to stay also depends on: Ø what your rental contract says Ø if your home is counted as a ‘dwelling house’ and therefore covered by certain tenancy laws Your home is counted as a ‘dwelling house’ You may have rights from tenancy laws if your home is counted as a ‘dwelling house’. To be a dwelling house your park home must be: Ø your permanent residence – where you live most or all of the time Ø connected to mains supplies of electricity or water Ø unmovable or so large that it can’t be moved in one piece – eg you can’t drive it or tow it away yourself The type of tenancy you have depends on the date you moved in and started paying rent. You will have either: Ø a regulated tenancy – this is if you moved in and started paying rent before 15 January 1989 Ø an assured or assured shorthold tenancy – this is if you moved in and started paying rent after 15 January 1989 Getting advice Tenancy rights can be complicated and depend on your situation. You should get legal advice if you think your landlord is treating you unfairly. You can also contact a Citizens Advice Bureau or charities such as Shelter or Age UK if you have questions. Community Legal Advice helpline 0845 345 4 345 Shelter housing advice helpline 0808 800 4444 Age UK Advice helpline 0800 169 6565 PART 3 - CHARGES Pitch fee You have to pay a ‘pitch fee’ to the park owner torent the land your park home sits on. The park owner can propose changing it once a year. They must give you 28 days’ notice in writing. If you and the park owner can’t agree on a new fee, the park owner can apply to a residential property tribunal. Until the tribunal reaches a decision, you should continue to pay your current fee. Gas, water, electricity and liquefied petroleum gas (LPG) The Office of the Gas and Electricity Markets (Ofgem) sets the amount you can be charged for gas and electricity. The park owner can’t charge you more than the price Ofgem sets, plus any connection charges set by the utility company. For water, the park owner can only charge what the water company charges plus a reasonable administration fee. Charges for LPG aren’t regulated. Part 4 - SELLING OR GIVING AWAY A PARK HOME Read detailed information on buying, selling or gifting your park (mobile) home. Selling When you sell your home the site owner gets up to 10% of the selling price (known as a ‘commission’) and you’ll need to: Ø give the buyer certain information - eg about the commission and pitch fees Ø tell the site owner about the sale Ø assign (transfer) the pitch agreement to the new owner Ø tell the buyer to complete a ‘Notice of Assignment form’ so they can pay the commission to the site owner There are certain park home forms for buyers and sellers you must complete to do the above. Park homes don’t need an Energy Performance Certificate (EPC). Giving away You have the right to ‘gift’ (give away) your park home and pass on your agreement to a family member. Use the ‘Notice of gift form’ to send the site owner proof of how you’re related to the family member. Inheritance rules Anyone will be able to carry on the agreement when you die if they are either: Ø a family member living with you at the time you die Ø your husband, wife or civil partner If none of the above apply, whoever inherits your home will also inherit your agreement. But they must get approval from the site owner to live there. Disputes The Residential Property Tribunal service can help you solve disagreements about park homes, eg if the site owner objects to the sale. Part 5 - PARK REPAIRS AND IMPROVEMENTS Site owners are responsible for: Ø keeping common areas (like shared paths) in good condition Ø repairing the area where your home sits (the‘base’) Ø maintaining any services they supply to your home or pitch (like sewerage) Park improvements If the park owner plans to make improvements, they must: Ø give you at least 28 days’ notice in writing and let you know how you can comment on the plans Ø tell you if it will affect your pitch fee Even if most residents disagree with the proposed improvements in writing, the park owner can still go ahead. But the site owner can’t recover the costs of the improvements through a pitch fee review - unless a residential property tribunal agrees to this. Part 6 - RESIDENTS ASSOCIATIONS You can set up a ‘qualifying’ residents’ association to represent homeowners in the mobile home park where you live. Qualifying residents’ associations have certain rights and should be consulted when park owners want to spend money on improvements or change how they run the park. Park owners must give at least 28 days’ notice of any changes and take the association’s concerns into account before they make changes. Setting up a qualifying residents’ association Your association must include at least half of the home owners in your park. Residents who rent their homes can’t join. It will have to keep certain records and documents, like: Ø an up-to-date list of members Ø a constitution Ø any other rules of the association It will have to elect a: Ø chairman Ø secretary Ø treasurer Apart from administrative decisions taken by the chair, secretary and treasurer, decisions are taken by voting. You need to ask the park owner to ‘acknowledge’ your association. If they don’t, you can apply to a residential property tribunal. If the tribunal agrees with you, it will order the park owner to acknowledge your association. If your association doesn’t meet the qualifying conditions, it won’t have the same rights. It can continue to meet, but the park owner won’t have to talk to the association about park operations and management. Part 7 - SETTLING DISPUTES If you have a dispute with the park owner that you can’t work out, you can go to a residential property tribunal. Decisions made by the tribunal are legally binding. If your agreement says you must use an arbitrator, ignore it. You must use a residential property tribunal instead. The tribunal can settle disputes over: Ø changing a resident’s agreement Ø changing the pitch fee Ø moving a park home Ø damage and repairs to the site Ø transferring ownership of a park home to someone else Residential Property Tribunal Service 0845 600 3178 Monday to Thursday, 9am to 5pm Friday, 9am to 4:30pm To apply, fill in the relevant application form. The form tells you where to send it and if there’s a fee. Download more detailed guidance on park homes and the tribunal. This is the Park Mobile Homes Guide in PDF:
  15. TAKING YOUR PET ABROAD GUIDE Documents Source: https://www.gov.uk/take-pet-abroad PART 1 - OVERVIEW When travelling with your pet dog, cat or ferret, the rules you must follow depend on the country you’re going to or coming from. Travelling within the EU (or into the EU from another ‘listed’ country) When travelling to or returning to the UK from another EU or non-EU listed country your pet needs: Ø a microchip Ø a rabies vaccination (make sure your pet is microchipped first or the vaccination won’t count) Ø apet passport or official third country veterinary certificate Ø tapeworm treatment (for dogs only) You must also use an authorised carrier and an approved route. You must wait 21 days from the date of the rabies vaccination before travelling. Travelling into the EU from an unlisted country An‘unlisted’ country is any country not included in the list of EU and non-EU countries. When travelling to or returning to the UK from an unlisted country, your pet needs: Ø a microchip Ø a rabies vaccination (make sure your pet is microchipped first or the vaccination won’t count) Ø a blood test - the vet must take the blood sample at least 30 days after the rabies vaccination (the date of vaccination counts as day 0, not day 1) Ø an official third country veterinary certificate Ø tapeworm treatment (for dogs only) You must also use an authorised carrier and an approved route. You must wait 3 calendar months from the date the blood sample was taken before travelling. The vet must give you a copy of the test results. These must show that the vaccination was successful. You don’t have to wait 3 months if your pet was vaccinated, blood tested and given a pet passport in the EU before travelling to an unlisted country. Guide dogs and other assistance dogs Assistance dogs are allowed to travel in the aircraft cabin with their owner on approved route sand carriers registered to carry assistance dogs. They can normally also travel in areas of other forms of transport where other animals aren’t allowed. They can travel on more routes than people with pets. Apart from that, the rules for assistance dogs travelling under the EU pet travel scheme are the same as for other dogs. The Guide Dogs Association website has advice about takingassistance dogs abroad. When you return to the UK Staff from the travel company will scan your pet’s microchip and check your documents. If you don’t have the correct documents or your pet hasn’t been properly prepared it will be put into quarantine or sent back to the country it travelled from. You must pay the costs for this. Other types of pet There are no restrictions on bringing pet rodents, rabbits, birds, ornamental fish,invertebrates, amphibians and reptiles to the UK from other EU countries. Pet rabbits and rodents from other countries must spend 4 months in quarantine. They need a rabies import licence and must enter the UK at a Border Inspection Post. Contact the Animal Health andVeterinary Laboratories Agency (AHVLA) for more information on the rules for travelling with these or other species of pet. PART 2 - MICROCHIP Your pet must be microchipped before it’s vaccinated against rabies. Make sure the vet records the number of the microchip on the pet passport or official third country veterinary certificate. Transport companies in the EU can read microchips that meet International Organization for Standardization (ISO) standards when you check in for your journey. You must bring your own microchip reader when you travel if your pet’s microchip doesn’t meet ISO standards. Tattoo You don’t need to have your pet microchipped if it’s been tattooed with an identification number and all of the following are true: Ø your pet was tattooed before 3 July2011 Ø the tattoo is clearly legible Ø your pet was vaccinated against rabies after it was tattooed Your vet must record the date of tattooing, the tattoo number and the date of the rabies vaccination in the pet passport or official third country veterinary certificate. PART 3 - RABIES VACCINATION AND BOOSTERS You must get your dog, cat or ferret vaccinated against rabies before it can travel to another EU country or back into the UK. Get your pet microchipped before the rabies vaccination or they will need to be vaccinated again. EU and listed countries You must wait 21 days after the vaccination before your pet can travel to or return to the UK from another EU or non-EU listed country. After the first vaccination and waiting period, you can enter the UK whenever you like as long as booster vaccinations are given on time and you continue to meet the other entry requirements. Unlisted countries Your pet must have a blood test 30 days after the rabies vaccination.The date of the vaccination counts as day 0, not day 1. You must wait 3 calendar months from the date the blood sample was taken before travelling. The vet must give you a copy of the test results. These must show that the vaccination was successful. You don’t have to wait 3 months if your pet was vaccinated, blood tested and given a pet passport in the EU before travelling to an unlisted country. Part 4 - PET PASSPORT AND OTHER DOCUMENTS Your dog,cat or ferret must have a pet passport or third country official veterinary certificate to enter (or re-enter) the UK. Ask your vet for a pet passport. The passport stays valid as long as you continue to meet the entry requirements Third country official veterinary certificate Outside ofthe EU authorised vets issue official veterinary certificates instead of pet passports. This certificate allows your pet to enter the UK (or another country in the EU).You’ll need other supporting documents too. Check your certificate for full details. You must arrive in an EU country within 10 days of the date the certificate was issued. You can then use it for up to 4 months for travel within the EU. Other documents Your transport company may need a statement from your vet confirming that your pet is fit to travel. Check with the country you’re travelling to for information about any extra documents you’ll need to enter with your pet. Travel with more than 5 pets You must get a health certificate for each group of more than 5 pets you want to travel with. You get this from the country you’re coming from. You must do this at least 10 days before you want to travel. You need this certificate in addition to the other rules for pet travel for the countries you’re travelling to and from. This rule is for travelling with your own pets. There are different rules if the animals arebeing sold or re-homed. Part 5 - TAPEWORM TREATMENT (DOGS ONLY) Your vet must treat your dog for tapeworm and record it in the pet passport or third country official veterinary certificate every time you want to enter the UK. The treatment must be given between 1 and 5 days (24 to 120 hours) before you're cheduled to arrive in the UK. Your vet must record the following details in your dog’s pet passport or certificate: Ø the name and manufacturer of the product used to treat your dog Ø the date and time they treated your dog Ø their stamp and signature The treatment must have praziquantel or equivalent as its active ingredient. You don’t need to treat your dog for tapeworm if you’re coming directly to the UK from Finland, Ireland, Malta or Norway. Part 6 - QUARANTINE You must put your pet into quarantine when it arrives in the UK if doesn’t meet the entryrequirements. You must pay the costs for this. You’ll need to book quarantine premises. The quarantine premises will normally deal with all documentation on your behalf. They should: Ø submit an application form for an import licence Ø arrange to collect your pet when they land Ø organise clearance through customs Ø arrange transport for your pet to the quarantine premises Check when making the reservation. If they don’t do these things, you’ll need to do them yourself. Read detailedguidance on quarantine or contact the pet travel scheme helpline for advice. Release from quarantine Your pet will become eligible for release when it meets the entry requirements . The veterinary superintendent or quarantine kennel owner will tell you when your pet will be released from quarantine. Part 7 - CONTACT THE PET TRAVEL SCHEME HELPLINE For more information, contact the Pet Travel Scheme helpline. Pet Travel Scheme helpline pettravel@ahvla.gsi.gov.uk 0870 2411710 Monday to Friday, 8am to 6pm (closed on bank holidays) This is the Taking your Pet Abroad Guide in PDF:
  16. RESOLVING NEIGHBOUR DISPUTES GUIDE Documents Source: https://www.gov.uk/how-to-resolve-neighbour-disputes/overview PART 1 - OVERVIEW If you have a dispute with your neighbour: 1. Try to solve the problem informally by talking to them. 2. If your neighbour is a tenant, you could contact their landlord. 3. You could use a mediation service if raising the issue informally doesn’t work. 4. If the dispute involves a statutory nuisance (something like loud music or barking dogs), you can make a complaint to your local council. 5. Contact the police if your neighbour is breaking the law by being violent or harassing you. 6. As a last resort you can take legal action through the courts. PART 2 - TALK TO YOUR NEIGHBOUR Solving the problem informally Before making a formal complaint or getting others involved, try to discuss the problem with your neighbour. If you’re worried about approaching them, write a letter, explaining the problem clearly and sticking to the facts. If the problem affects other neighbours, involve them as well. It can be easier to settle a dispute if the complaint comes from a number of people. A tenants’ association might help if you’re a member of one. Get practical advice from Citizens Advice to deal with common neighbour disputes, like high hedges. PART 3 - CONTACT YOUR NEIGHBOURS LANDLORD If your neighbour is a tenant, you can complain to their landlord. This could be a housing association, the council or a private landlord. Part 4 - USE A MEDIATION SERVICE If you can’t resolve the dispute by speaking to your neighbour, get help from a mediation service. How mediation works Mediation is when an impartial person - trained in dealing with difficult discussions between 2 opposing sides - acts like a referee in a dispute. There can be a fee for mediation, but this will still be cheaper than hiring a solicitor and taking legal action. Contact a mediation service Mediation services differ depending on where you live: Ø if you live in England and Wales, find a mediation provider in your area on the Ministry of Justice website Ø in Scotland, use the Scottish Mediation Network Ø your council or housing association may provide a mediation service Ø the charity LawWorks provides free mediation Part 5 - COMPLAIN ABOUT NOISE TO THE COUNCIL You can ask your local council for help if the neighbour dispute involves an activity that is damaging to health or a nuisance. This is known as a ‘statutory nuisance’. Examples include: Ø noise (including loud music and barking dogs) Ø artificial light (except street lamps) Ø dust, steam, smell or insects from business premises Ø smoke, fumes or gases Ø a build-up of rubbish that could harm health Your local council has a duty to investigate any statutory nuisance. You should always try and solve the problem by talking to your neighbour or through mediation before contacting the council. Penalties If the council decides someone is causing a statutory noise nuisance they must issue a ‘noise abatement’ order. This tells the person what they must do to stop making a noise nuisance or else face further legal action. If someone breaks an abatement order about noise from their home, they can be fined up to £5,000. If it’s noise from a factory or business, the penalty can be up to £20,000. Part 6 - HIGH HEDGES, TREES AND BOUNDARIES If you’re having a dispute about a high hedge, your council can only take action if the hedge is: Ø 2 or more mostly evergreen or semi-evergreen trees or shrubs Ø over 2 metres tall Ø affecting your enjoyment of your home or garden because it’s too tall Ø affecting your property If the hedge is in any of these categories, ask your council for a complaint form. You might have to pay the council a fee to consider your complaint. Download ‘High hedges:Complaining to the council’ (PDF, 394KB) Your rights to trim hedges or trees You can trim branches or roots that cross into your property up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them. Property damage from hedges Your neighbour is responsible for maintaining their hedges so they don’t, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable. Boundaries and shared (‘party’) walls Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice. You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall. The Royal Institute of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours). Part 7 - CALLTHE POLICE You should the police if your neighbour: Ø is violent, threatening or abusive Ø is harassing you sexually, or because of your sexuality, religion or ethnic background Ø is breaching the peace (being disorderly in the street or making a lot of noise) Ø is breaking the law in any other way - or if you suspect this Part 8 - TAKE ACTION THROUGH THE COURTS If all else fails, you can take legal action against a neighbour. Taking someone to court can be expensive so it should be your last resort if nothing else works. There may be court fees and you may have to pay a solicitor. Legal advice You can get free legal advice from a law centre, advice centre or Citizens Advice. You can also find a lawyer who deals with neighbour disputes through the Law Society. This is the Resolving Neighbour Disputes Guide in PDF:
  17. PRIVATE RENTING GUIDE Documents Source: https://www.gov.uk/private-renting PART 1 - TENANCY AGREEMENTS Overview A tenancy agreement is a contract between you and a landlord. It lets you live in a property as long as you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy. It can be written down or oral. A tenancy can either be: Ø fixed-term (running for a set period of time) Ø periodic (running on a week-by-week or month-by-month basis) Rights and responsibilities Both you and your landlord have certain rights and responsibilities, whether or not you have a tenancy agreement. Tenancy types Assured shorthold tenancies (ASTs) The most common form of tenancy is an AST. Most new tenancies are automatically this type. A tenancy can be an AST if all of the following apply: Ø the property you rent is private Ø your tenancy started on or after 15 January 1989 Ø the property is your main accommodation Ø your landlord doesn’t live in the property A tenancy can’t be an AST if: Ø it began or was agreed before 15 January 1989 Ø the rent is more than £100,000 a year Ø the rent is less than £250 a year (less than £1,000 in London) Ø it’s a business tenancy or tenancy of licensed premises Ø it’s a holiday let Ø your landlord is a local council Other tenancies There are other tenancies that aren’t as common as ASTs, including: Excluded tenancies or licences If you lodge with your landlord and share rooms with them, like a kitchen or bathroom, you may have one of these. You’ll usually have less protection from eviction with this type of agreement. Assured tenancies Tenancies starting between 15 January 1989 and 27 February 1997 may be assured. You’ll have increased protection from eviction with this type of agreement. Regulated tenancies Tenancies starting before 15 January 1989 may be regulated. You’ll have increased protection from eviction and can apply for a ‘fair rent’. Shelter has information on the different types of private tenancies and a tenancy checker so you can check which tenancy you have. What should be in a tenancy agreement If you have a tenancy agreement, it should include: Ø the names of all people involved Ø the rental price and how it’s paid Ø information on how and when the rent will be reviewed Ø the deposit amount and how it will be protected Ø when the deposit can be fully or partly withheld (eg to repair damage you’ve caused) Ø the property address Ø the start and end date of the tenancy Ø any tenant or landlord obligations Ø which bills you’re responsible for It can also include information on: Ø whether the tenancy can be ended early and how this can be done Ø who’s responsible for minor repairs Ø whether the property can be let to someone else (sublet) or have lodgers The terms of the tenancy must be fair and comply with the law. If you’re unsure of any terms in the agreement, get legal advice before signing. Once you’re happy with it, sign the agreement and get a copy of it. Citizens Advice has a guide on tenancy agreements. Changes to tenancy agreements Both you and your landlord must agree in order to change the terms of the tenancy agreement. Preventing discrimination Unless your landlord has a very strong reason, they must change anything in a tenancy agreement that might discriminate against you on the grounds of: Ø sex Ø sexual orientation Ø disability (or because of something connected with your disability) Ø religion or belief Ø being a transsexual person Ø having just had a baby or being pregnant Example You might need a guide dog in the house but a term in the tenancy says no pets are allowed. Your landlord must change the terms to allow guide dogs in the property, unless they have a very strong reason not to (eg another tenant in the property has a serious allergy to dogs). How to end your tenancy Tenancies Your tenancy agreement should say how much notice you need to give your landlord before you leave the property. You can usually end a fixed-term tenancy by giving your landlord written notice up to 2 months before the tenancy ends. Your tenancy will then finish at the end of the fixed-term. You can end a periodic tenancy by giving notice at the end of a rent period. The period varies according to the rent term. For example, if you pay rent monthly, you’ll need to give a month’s notice. Licence agreements If your licence automatically runs out after a specific date and you want to end the agreement, you should let your landlord know this before your licence runs out. Shelter has information ending a tenancy or licence. Ending a tenancy early Unless there’s a break clause in your tenancy agreement, your landlord can insist you pay rent until the end of the tenancy. Download ‘Notice that you must leave - a brief guide for landlords and tenants’ (PDF, 229KB) Your landlord wants to end your tenancy If your landlord wants you to leave, they must give you notice in a particular way, including certain information and warnings. This depends on the type of tenancy agreement and its terms. Assured shorthold tenancies (ASTs) In some circumstances, your landlord can take back their property without giving any reason. To do this, all of the following must apply: Ø they’ve protected your deposit in a deposit protection scheme Ø they’ve given you at least 2 months’ written notice that they want the property back (‘notice to quit’) and the date you must leave Ø the date you must leave is at least 6 months after your original tenancy began (the one you had on first moving in) Ø you have a periodic tenancy – or you have a fixed-term tenancy and your landlord isn’t asking you to leave before the end of the fixed term During the fixed term If you’re still in the fixed term, your landlord can only ask you to leave if they have a ground (reason) for wanting possession that’s in the Housing Act 1988. Examples of the grounds include: Ø you’re behind with your rent payments (‘in arrears’) Ø you’ve used the property for illegal purposes (eg selling drugs) Ø your landlord wants to move back into the property The notice period they must give varies from 2 weeks to 2 months, depending on the ground they’re using. Assured tenancies Your landlord will need to use one of the reasons or ‘grounds’ for possession in the Housing Act 1988. The Department for Communities and Local Government has published a guide for tenants on assured and assured shorthold tenancies. Download ‘Assured and assured shorthold tenancies: a guide for tenants’ (PDF, 370KB) Excluded tenancies or licences You’ll often have an excluded tenancy or licence if you live with your landlord as a lodger and share rooms with them. Your landlord only needs to give ‘reasonable notice’ to quit. Usually this means the length of the rental payment period – so if you pay rent weekly, you’ll get 1 week’s notice. The notice doesn’t have to be in writing. Non-excluded tenancy or licence Your landlord can end the let at any time by serving a written ‘notice to quit’. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks. Break clauses If there’s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord doesn’t have a guaranteed right to possession during the first 6 months of the tenancy. If you don’t leave the property If the notice period expires and you don’t leave the property, your landlord may start the process of eviction through the courts. Your landlord can’t forcibly remove you without an eviction order. PART 2 - Your Rights and Responsibilities In all privately rented property, you’ll have certain rights and responsibilities. Your Rights As a tenant, you have the right to: Ø live in a property that’s safe and in a good state of repair Ø have your deposit returned when the tenancy ends - and in some circumstances have it protected Ø challenge excessively high charges Ø know who your landlord is Ø live in the property undisturbed Ø see an Energy Performance Certificate for the property Ø be protected from unfair eviction and unfair rent Ø have a written agreement if you have a fixed-term tenancy of more than 3 years If you have a tenancy agreement, it should be fair and comply with the law. If you don’t know who your landlord is, ask the person or company you pay rent to, in writing. If they don’t give you this information within 21 days, your landlord may be fined. Your responsibilities You must give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access. You must also: Ø take good care of the property – eg by turning off the water at the mains if you’re away in cold weather Ø pay the agreed rent, even if repairs are needed or you’re in dispute with your landlord Ø pay other charges as agreed with the landlord - these may include Council Tax or utility bills Ø repair or pay for any damage caused by you, your family or friends Ø only sublet a property if the tenancy agreement, or your landlord, allows it If you don’t fulfil your responsibilities, your landlord has the right to take legal action to evict you. PART 3 - Your Landlords Safety Responsibilities Your landlord must keep the property you live in safe and free from health hazards. Gas safety Your landlord must: Ø make sure gas equipment they supply is safely installed and maintained by a Gas Safe registered engineer Ø have a registered engineer carry out a gas safety on each appliance and/or flue annually Ø give you a copy of the gas safety check record before you move in, or within 28 days of the check Electrical safety Your landlord must make sure: Ø the electrical system (eg sockets and light fittings) is safe Ø all appliances they supply (eg cookers, kettles) are safe Fire safety Your landlord must: Ø follow fire safety regulations - eg by checking you have access to escape routes at all times Ø make sure furniture and furnishings they supply are fire safe Ø provide fire alarms and extinguishers (depending on the size of the property) Part 4 - Repairs What your landlord must do Your landlord is always responsible for repairs to: Ø the property’s structure and exterior Ø basins, sinks, baths and other sanitary fittings including pipes and drains Ø heating and hot water Ø gas appliances, pipes, flues and ventilation Ø electrical wiring Ø any damage they cause through attempting repairs Your landlord is usually responsible for repairing common areas, like staircases in blocks of flats. This information should be in your tenancy agreement. Your responsibilities You should only carry out repairs if the tenancy agreement says you can. You can’t be forced to do repairs that are your landlord’s responsibility. If you damage another tenant’s flat, eg if water leaks into another flat from an overflowing bath, you’re responsible for paying for the repairs. You’re also responsible for paying to put right any damage caused by your family and friends. If your property needs repairs Contact your landlord if you think repairs are needed. Do this straightaway for faults that could damage health, like faulty electrical wiring. You should continue to pay your rent while waiting for repairs to be done. Your landlord should tell you when you can expect the repairs to be done. If repairs aren’t done Ask your local council’s environmental health department for help. Your council can make the landlord take action if the property contains health and safety hazards. Shelter has information about repairs, including what to do if you’re in dispute with your landlord. Download ‘Getting repairs done - your rights’ from Shelter (PDF, 334KB). If your house isn’t fit to live in If you’re worried about your home being unsafe, contact your local council’s housing department. Your council must ensure that home owners and landlords fix any hazards that could cause you harm. Shelter has more information on how councils deal with poor housing conditions. Part 5 - Rent increases Your tenancy agreement should include how and when the rent will be reviewed. When your landlord can increase rent For a periodic tenancy (rolling on a week-by-week or month-by-month basis): Ø your landlord can’t normally increase the rent more than once a year without your agreement For a fixed-term tenancy (running for a set period): Ø your landlord can only increase the rent if you agree Ø if you don’t agree, the rent can only be increased when the fixed-term ends General rules around rent increases For any tenancy: Ø your landlord must get your permission if they want to increase the rent by more than previously agreed Ø the rent increase must be fair and realistic (ie in line with average local rents) How your landlord must propose a rent increase If the tenancy agreement lays down a procedure for increasing rent, your landlord must stick to this. Otherwise, your landlord can: Ø renew your tenancy agreement at the end of the fixed term, but with an increased rent Ø agree a rent increase with you and produce a written record of the agreement that you both sign Ø use a ‘Landlord’s notice proposing a new rent’ form, which increases the rent after the fixed term has ended Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly). If you have a yearly tenancy, they must give you 6 months’ notice. If you think the rent increase is unfair, you can apply to a rent assessment committee who will decide the rent amount. Part 6 - Settling disputes You can often sort out disputes with your landlord without going to court: 1. First, speak to your landlord about your concerns. 2. If this doesn’t work, write a formal letter setting out the problem. 3. Use a mediation service, which is usually cheaper and quicker than going to court. 4. As a last resort, you can take your landlord to court. Deposit disputes If you can’t get your deposit back, and your landlord protected it in a tenancy deposit protection scheme, contact the scheme they used. Rent disputes If you’re a private tenant and think your rent is too high, you might be able to appeal to the Rent Assessment Committee. Going to court If you or your landlord takes legal action, the case may go to a small claims court. Small claims are cases worth less than £5,000, or £1,000 if the case is about repairs to a property. The courts provide a free mediation service for small claims cases, which can take place over the phone. Free advice for disputes You can get free advice about disputes or housing problems from Citizens Advice or Shelter. A solicitor can also help you, but they might charge a fee. If you have to go to court, you can get advice on the day of the hearing from the housing duty desk at the court. Part 7 - Rent arrears If you get behind with your rent, your landlord may evict you and you could lose your home. Shelter has advice and information if you’re in rent arrears or having difficulty paying rent. It recommends talking to your landlord and trying to come to an agreement with them. Always read any letters from your landlord – they may contain information about action your landlord’s going to take. Going to court over rent arrears If you can’t reach an agreement with your landlord, they can ask a court to evict you. Part 8 - Deposits Landlords usually place deposits in government-approved deposit protection schemes. Under these schemes, your local council will send a guarantee to your landlord for the deposit. Contact your local council for more information. Deposit protection Your landlord must usually place your deposit in 1 of 4 government-approved tenancy deposit protection schemes. The schemes help make sure you get your deposit back if you meet the terms of your tenancy agreement. PART 9 - TENANCY DEPOSIT PROTECTION Overview In England and Wales, if you rent your home on an assured shorthold tenancy that started after 6 April 2007, your landlord must place your deposit in one of the following tenancy deposit protection (TDP) schemes: Ø Deposit Protection Service (Custodial and Insured) Ø MyDeposits Ø Tenancy Deposit Scheme Ø Capita Tenancy Deposit Protection These government-backed schemes ensure you’ll get your deposit back if you: Ø meet the terms of your tenancy agreement Ø don’t damage the property Ø pay your rent and bills Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it. At the end of your tenancy If you and your landlord agree how much deposit you’ll get back, it must be returned to you within 10 days of the tenancy ending. If you’re in a dispute with your landlord, then your deposit is protected in the TDP until the issue is sorted. Holding deposits Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). However, once you become a tenant, the holding deposit becomes a deposit, which they must protect. Deposits made by a third party Your landlord must use a TDP scheme even if your deposit is paid by someone else, like a rent deposit scheme or your parents. Information landlords must give tenants Within 30 days of getting your deposit, your landlord must tell you: Ø the address of the rented property Ø how much deposit you’ve paid Ø how the deposit is protected Ø the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service Ø their (or the letting agency’s) name and contact details Ø the name and contact details of any third party that’s paid the deposit Ø why they would keep some or all of the deposit Ø how to apply to get the deposit back Ø what to do if you can’t get hold of the landlord at the end of the tenancy Ø what to do if there’s a dispute over the deposit If your landlord doesn't protect your deposit If you’re not sure whether your deposit has been protected, ask your landlord or contact the approved schemes: Deposit Protection Service (Custodial and Insured) 0844 4727 000 MyDeposits 0844 980 0290 Tenancy Deposit Scheme deposits@tds.gb.com 0845 226 7837 Capita Tenancy Deposit Protection 0845 412 9969 Getting your deposit back If you think your landlord hasn’t used a tenancy deposit protection (TDP) scheme when they should have, you can apply to a county court. Get legal advice before applying to court. If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either: Ø repay it to you Ø pay it into a custodial TDP scheme’s bank account within 14 days The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order. Search for a county court. At the end of the tenancy If your landlord doesn’t use a TDP scheme when they have to, the court may also decide that you won’t have to leave the property when the tenancy ends. Disputes and problems If there’s a dispute over a deposit Your tenancy deposit protection (TDP) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned. You don’t have to use the service - both you and the landlord have to agree to it. You’ll both be asked to provide evidence, and the decision made about your deposit will be final. If you can’t contact the landlord You can ‘raise a dispute’ to recover the deposit if your landlord is registered with one of the following schemes: Ø MyDeposits Ø Tenancy Deposit Scheme (TDS) Ø Deposit Protection Service Insured Ø Capita Tenancy Deposit Protection The scheme will refund your deposit if the dispute resolution service agrees this is fair. There may be a limit on the time you have to raise a dispute. Contact the relevant scheme as soon as possible. Get help and advice You can get more help and advice from: Ø your local Citizens Advice office Ø a solicitor or advice agency Ø Shelter PART 10 - HOUSES IN MULTIPLE OCCUPATION Your home is a House in Multiple Occupation (HMO) if: Ø at least 3 tenants live there, forming more than 1 household Ø you share toilet, bathroom or kitchen facilities with other tenants A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships. If you live in an HMO, your landlord must meet certain standards and obligations. Find out more about HMOs from Shelter. Some HMOs must be licensed. Read the guide from the Department for Communities and Local Government (DCLG) to find out whether your landlord needs a licence for your house, and what this means for you. How to complain Contact your local council to report hazards in your HMO. The council is responsible for enforcing HMO standards and can make a landlord take action to correct any problems. PART 11 – ANTI-SOCIAL BEHAVIOUR If you’re experiencing anti-social behaviour from a neighbour living in rented accommodation: 1. Speak to your neighbour: they may not realise they’re causing a nuisance. 2. Contact the landlord of the property: if the anti-social behaviour continues, ask the landlord to do something about it. 3. Contact the police: if the problem carries on, report it to the police. If the landlord takes no action Your local council can make a special management order if a landlord doesn’t take action to stop cases of serious and repeated anti-social behaviour. This means the council takes over management of the property to tackle the anti-social behaviour. The landlord still owns the property. If people in a number of houses in an area are behaving anti-socially, your local council can create a ‘selective licensing scheme’. This means all landlords of properties in that area must have a licence to show they’re meeting minimum standards. Contact your local council and ask to speak to the anti-social behaviour co-ordinator. PART 12 - EMERGENCY HOUSING IF YOU ARE HOMELESS Your council must help if you’re legally homeless, but how much depends on your eligibility, your level of need and if your homelessness is your fault. Check if your council must give you emergency housing. Legally homeless You may be legally homeless if: Ø you’ve no legal right to live in accommodation anywhere in the world Ø you can’t get into your home - eg your landlord has locked you out Ø it’s not reasonable to stay in your home - eg risk of violence or abuse Ø you’re forced to live apart from your family or people you normally live with because there’s no suitable accommodation for you Ø you’re living in very poor conditions - eg overcrowding If you’re legally homeless, your council must provide you with help – this could range from giving advice to arranging accommodation for you. The amount of help they give you will depend on things like: Ø if you became homeless through no fault of your own Ø if you’re eligible for assistance Ø if you’re in priority need Eligibility for assistance If you live permanently in the UK, you will usually be eligible for assistance. If you’re from abroad, you may not be eligible because of your immigration status. Shelter’s emergency housing rights checker helps you work out if you’re eligible for assistance and what you’re entitled to. Priority need You’re in priority need if: Ø you or someone you live with is pregnant Ø ‘dependent children’ live with you (under 16s or under 19s if they’re studying full-time) Ø you’re ‘vulnerable‘, eg as a result of old age or disability Ø you’re homeless after a flood, fire or other disaster You may be entitled to Housing Benefit to help with your housing costs. This is the Private Renting Guide in PDF:
  18. SAR Guide to Obtain a copy of or view your patient records. A how to by the ICO http://www.ico.org.uk/for_the_public/personal_information The NHS Guide to http://www.nhs.uk/chq/pages/1309.aspx?categoryid=68 NHS SAR/FOI guide plus form I received off my local NHS Trust - handy to know what address and documentation you have to supply. Also has fees. http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=37717&d=1345612669 - SAR Guide PDF http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=37718&d=1345612674 - NHS Trust request form PDF *Note* I had to request this form from my local NHS Trusts PALS - Patient Advice and Liaison Service. A quick phone call and they emailed it to me. Forms may/will differ from trust to trust so check local trust websites for how to obtain one and what you have to do. To view or get a copy of your GP records send a SAR letter (see bottom of this post for sample) & address it F.A.O. the Practice Manager. For NHS Hospital/Consultant records you have to look on the website for each trust you want the records off. Usually it's download/fill in a form, make a copy of the ID proof they want, send it to the trusts data controller and await contact from them for cost. Costs can vary but the rules are £10 for electronically held records and up to £50 for anything held on paper. With NHS records if you still are a patient or have been within 30 days the fee is waved and it is free. You can also arrange to view you records for free and keep them updated by requesting copies of new letters as and when they are written etc. Also keep an eye on the 40 day response window, be prepared to send a follow up letter if you feel that they have not sent everything. It usually takes a second letter as they tend to be lazy! Send all letters recorded signed for and print off when they were accepted. I use this letter for electronic GP records and vary it depending on what I'm after
  19. A Scottish housing guide for people leaving the armed forces and ex-service personnel This is taken from the Scottish Government Link: http://www.scotland.gov.uk/Publications/2013/04/3247/1 Deciding where to live is one of the most important choices you and your family will need to make on leaving the armed forces. It is never too early to think about where you will set up home. Whether you are due to leave in a few years, a couple of months or have already left, there is support out there to help you.This leaflet sets out your housing options in Scotland and answers some of the questions you might have. It also gives you information about where you can go for further advice and support. What are my housing options? Your options depend on where you want to live, your needs and your situation. These options could include renting a property privately or through a council,housing association (sometimes known as a registered social landlord) or anex-service charity, or buying a property. The local council for the area where you want to live will be pleased to give you advice on your housing options.Contact details for all Scottish councils are listed at the back of this guide. What about renting privately? Renting privately can provide you with a home either for the short or the long term and give you greater choice about where you live. Private landlords will advertise properties through local newspapers, magazines, estate or letting agents and on property letting websites. You will also usually need to pay a rent deposit at the beginning of your tenancy. This will be held in a tenancy-deposit scheme and you will get all or part of this back when you move out if you have kept the property in good condition and paid your rent and bills. All private landlords have to register with their local council. You can check if a landlord is registered on www.landlordregistrationscotland.gov.uk. (remove spaces) I want to rent privately but I'm having problems saving for a deposit If you are having problems saving enough money for a deposit, rent-deposit or guarantee schemes may be able to help you. These schemes provide a financial guarantee to the landlord on your behalf. They work in a number of different ways. In some schemes, you repay the deposit over time and it is given back to you when you leave. In others, you won't need to pay the deposit back, but you may have to pay money to the scheme if the landlord does not return the full deposit to the scheme because of damage or unpaid rent or bills. The local council will be able to give you details of rent-deposit or guarantee schemes in their area. How do I apply for a council or housing association house (also known a social housing)? You need to fill in a housing application form. You can get this from the council or housing association. Your council will be able to give you a list of housing associations in their area. In some areas you only have to fill out one application form for all social housing in that area (this is sometimes called a common housing register), in others you may need to fill out more than one. What happens next? The housing providers will use your application to decide your level of priority and you will be added to each landlord's housing list. Landlords are likely to ask you for a copy of the Certificate of Cessation of Entitlement to Occupy Service Accommodation once you have it. The Ministry of Defence issues this six months before you leave the armed forces. This certificate will let the landlord know the date you have to leave your service accommodation and they should use the six months to help you look at your housing options. Don't wait for the certificate before applying for housing. Landlords have different ways to decide who gets housed across Scotland. Your priority will be based on your housing need and situation. Generally, the higher your priority, the more likely you are to be offered a home, but this also depends on the needs of other people on the housing list and the size and type of houses that become available. Some landlords will contact you to offer a house,others will advertise their properties (giving you a greater choice about the properties you are considered for). Social landlords must publish their rules on how they let their houses. You should speak with your council or housing association to find out what they do. How long will I have to wait for a council or housing association house? This depends on the area you want to live in and the type and size of home you are looking for. In many places, there are not enough council and housing association homes for those who want one. This means that waiting times can be very long even for those with a high priority, and to get a home quickly, you may need to look at renting privately. Your council or the housing association will be able to give you advice about your chance of being housed. Your local council should also be able to provide information on other housing options to help you find something suitable. What about housing by ex-service charities? There area number of charities across Scotland that provide housing for ex-service menand women and their dependants. All of these charities are members of Veterans Scotland and you can apply to all of them for housing using a single housing application form. For more information, including how to apply, visit Veterans Scotland's website at www.veteransscotland.co.uk. (Remove Spaces) I'm worried I won't be able to pay my rent If you aren't able to pay your rent you may be able to get state benefits to meet these costs. There are rules, and how much benefit you get depends on your circumstances. Also, the way your benefits will be worked out will depend on if you rent privately or with a council or housing association. The UK Government,who is responsible for most state benefits, is making a number of changes to the way benefits are calculated and given out. This may affect the amount of benefit you get. You can get more information on benefits, including how to apply and any changes that affect you, from your local council or from the UK Government's website, www.gov.uk. Your local citizens advice bureau (CAB) can also give you information and advice to help you access all the benefits you are entitled to. You can find out where your local CAB office is on their website, www.cas.org.uk,or you can visit www.adviceguide.org.uk/scotland,their information website. I'm thinking about buying a house but I'm not sure where to start There area lot of things to consider when buying a home - where to look for properties, what mortgages are available, the size of deposit you need and when you need to involve a lawyer. To help you, please see a booklet called 'Buying and Selling a Home in Scotland' at www.consumerfocus.org.uk/scotland/housing/publications(under Consumer Guides). I heard it was possible to buy a house without paying the full cost. Is this true? Yes. Some private house builders offer shared-equity schemes. Shared-equity schemes are a form of low-cost home ownership. They allow you to buy a home in partnership with a private house builder, who gives you an equity loan for part of the purchase price. The Scottish Government also offers support to help first-timebuyers get on the property ladder through its Low-cost Initiative for First Time Buyers (LIFT). If you are currently serving, have left the armed forces within the past 24 months or are a partner of a member of the forces who was killed in action up to 24 months ago, you will get priority access to the shared-equity schemes that are a part of LIFT. Under LIFT, your income and finances will be assessed to check you are eligible for help and you can apply to buy either a property on the open market or a new-build property from a housing association or a developer. You can get more information about these schemes from the Scottish Government's website at www.scotland.gov.uk/lift. I have a small deposit to buy a home but can't get a mortgage. Can anyone help? Yes. If you have a good credit record and need a 90% to 95% mortgage for a new-build property with a value up to £250,000, you may be able to get a mortgage through the MI New Home scheme. MI New Home is a private-sector scheme open to anyone looking to buy a new-build home who is finding it difficult to get a mortgage due to the level of deposit mortgage lenders usually ask for. More information about the scheme is available online at http://minewhome.co.uk/. Help! I can't find anywhere to stay If you are in this position you should contact your council as soon as possible to let them know you may be homeless, and ask to speak to a member of staff in their homeless team. If you haven't been discharged yet, you should also speak to a member of your welfare team, who may be located at your base or another base in Scotland, as soon as possible. This team will also be able to give you some support. In Scotland, all homeless households or those threatened with homelessness (if you don't have anywhere to stay or your current accommodation is not suitable or you are at risk of losing it) must be given temporary housing and free information and advice by local councils. If the council find that you are homeless through no fault of your own, they must find you housing, but you maybe offered somewhere temporarily before accommodation becomes available. I was injured during my service and need support and adaptations to my home or future home. What support can I get? The type of support you can get depends on your circumstances. However, whether you rent or own your own property, you should get in touch with your local council's social-work department. They will be able to tell you about how to have your needs assessed. If you rent from a council or housing association they will usually pay for any agreed essential or high priority adaptations. If you rent privately or own your own property, you may be able to get help to pay for any adaptations. You can get more information from your council. The Scottish Government also has a guide to the support available for disabled people who own or privately rent their home. The leaflet is available on the Scottish Government's website at www.scotland.gov.uk/Publications/2009/03/31131031. There are also a number of other organisations across Scotland who can help you understand your options and provide advice on independent living and the benefits you may be entitled to. UPDATE Scotland can help you to find local advice on independent living and the benefits you may be able to get, as well as a range of other disability-related information and services. Website: www.update.org.uk Phone: 0131 669 1600 Housing Options Scotland's Military Matters service provides specialised housing advice and support for disabled ex-service personnel and veterans with a disabled family member in Scotland. They provide support to those with a physical disability, mental-health problem (including post-traumatic stress disorder) or learning disability. Website: www.housingoptionsscotland.org.uk (Remove Spaces) Phone: 07713482697 or 0131 247 1400 Email: info@housingoptionsscotland.org.uk (Remove Spaces) What else do I need to think about in finding and keeping a home after I am discharged from the armed forces? There area number of things you will need to think about. Costs -You will need to make sure you budget for and pay your rent or mortgage and any household bills such as council tax, fuel and phone bills, TV licence, and any service charges or maintenance fees you may be responsible for. You should also think about whether you need building and contents insurance. It is worth finding out what these costs are likely to be in the size of house and area you want to live. This will mean you can prepare for these costs so they don't come as a surprise. Furniture- Whether you rent or buy, many properties are unfurnished. You may want to think about saving to help you buy the things you will need when you move out of service accommodation. If you cannot afford the essentials you need, speak to your local council, Shelter Scotland or SSAFA Forces Help who should be able to tell you about any furniture projects in your area that may be able to helpy ou. Details of how to contact these organisations are below. Where can I go for further advice and help? Your localc ouncil, or the council in the area where you would like to live, will be able to provide you with information and support to find a suitable house. Many will be able to provide you with a housing options guide for their area. There is a list of all the councils in Scotland at the end of this leaflet. As well as the welfare officer at your base, there are also organisations that provide specific advice and support to men and women who have served in the armed forces. ■ Citizens Advice Scotland's Armed Services Advice Project (ASAP) provides free independent, confidential and impartial advice and information to the armed forces community on a range of issues including housing, employment, benefits, debt and relationships. You can call their helpline on 0845 231 0300. Website: www.asapadvice.org.uk ■ MOD Joint Service Housing Advice Office provide civilian housing information, advice and, where possible, arrange housing through housing associations for service personnel and their dependants and to ex-service personnel who are still living in service accommodation. Phone 01980618925, visit their website at www.gov.uk/housing-for-service-personnel-and-families#joint-service-housing-advice-office or email them at AWS-JSHAO-MAILBOX@mod.uk. ■ The Service Personnel and Veterans Agency was launched by the MOD to improve personnel, pension, welfare and support services to members of the armed forces and veterans. They also have five Veterans Welfare Service Centres across the UK. Phone their free helpline on 0800 169 2277 or visit their website at www.veterans-uk.info. ■ Haig Housing Trust and Haig Homes offer help with housing and have homes for ex-service personnel and their families to rent across the UK. Phone 0208 685 5777 or visit their website at www.haighomes.org.uk. ■ Poppy scotland provide financial help and access to mobility services and short breaks to meet the needs of veterans and their families in Scotland. They also lead the Armed Services Advice Project (ASAP) and run a wide range of schemes to help ex-service personnel back into work. You can call them on 0131 557 2782 or you can visit their website at www.poppyscotland.org.uk. ■ Scottish Veterans Residences provides single-room en-suite accommodation with catering and support services as well as some independent flats. Phone 0131 556 0091 or visit their website at www.svronline.org. ■ Scottish Veterans Garden City Association, Houses for Heroes Scotland, provides low-cost rented housing in Scotland for disabled British ex-service personnel, merchant navy, police and fire brigade personnel. Phone 0131 557 1188 or visit their website www.housesforheroes.org.uk. (Remove Spaces) ■ Soldiers, Sailors, and Airmen and Families Association (SSAFA) Forces Help provides advice through its Housing Advisory Service on 0207 463 9398, through their website at www.ssafa.org.uk or through one of their local branches. They also have a confidential support line on 0800 731 4880. ■ Veterans Assist Scotland provides online access to information and advice resources from one single website.Topics include housing options, how to claim a War Disablement Pension, and finding a route into employment. Website: www.veterans-assist.org ■ Veterans First Point offers help and assistance to veterans in Lothian, whatever their needs are. Phone 0131 2209920 or visit their website at www.veteransfirstpoint.org.uk. (Remove Spaces) ■ Veterans Scotland brings the veterans charities and organisations in Scotland together to support the ex-service personnel community. Phone 0131 550 1595 or visit their website at www.veteransscotland.co.uk/pillars/housing (Remove Spaces)
  20. Saw this in the Independent today http://www.independent.co.uk/news/uk/home-news/you-are-not-rumpole-of-the-bailey-as-more-people-represent-themselves-in-court-the-bar-council-has-issued-some-pressing-advice-8555773.html Bar Council link http://www.barcouncil.org.uk/media-centre/news-and-press-releases/2013/april/bar-council-chairman-we-won%27t-stand-by-as-vulnerable-people-suffer-barristers-launch-how-to-guide-for-diy-litigants/
  21. Judiciary publishes guide for litigants in person Friday 11 January 2013 by Jonathan Rayner The judicial office has today published a self-help guide for litigants in person presenting cases to the interim applications court. The 16-page guide, penned by High Court judge Mr Justice Foskett, takes litigants through each stage of the process, from giving notice and presenting documents to how to behave in court, apply for costs and seek permission to appeal. The interim applications court deals with short applications of an interim nature within existing or (sometimes) proposed proceedings in the Queen’s Bench Division of the High Court. It does not deal with family or matrimonial cases. The most commonly heard applications include applying for an injunction to prevent a former employee from abusing confidential information, setting up in competition or working for a rival employer; preventing travellers occupying a site in contravention of the planning laws; freezing orders to prevent the sale of property; and applying for the disclosure of specific documents. Queen’s Bench Division president Sir John Thomas says in his foreword to the guide that court procedures may present difficulties to people unfamiliar with them. He said: ‘Our hope is that (the guide) will help smooth the way for cases involving self-represented litigants in the interim application courts to be heard fairly and effectively by the judge in the allotted time. Jonathan Rayner Jonathan Rayner is a Gazette reporter covering employment, human rights, international, immigration, mental health, sole practitioners, money laundering, diversity and local government
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